PEOPLE v. YAVRU-SAKUK


98 N.Y.2d 56 (2002)

772 N.E.2d 1145

745 N.Y.S.2d 787

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BEDROS YAVRU-SAKUK, Respondent.

Court of Appeals of the State of New York.

Decided June 4, 2002.


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (Vered Adoni and John M. Castellano of counsel), for appellant.

Law Offices of Gerald L. Shargel, New York City (Sarita Kedia of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

LEVINE, J.

Defendant, a dentist, was convicted of sexual abuse in the third degree (Penal Law § 130.55) for fondling a 17-year-old girl during an appointment. The issue in this case is whether the loss on appeal of a trial exhibit—a tape recording of a conversation in which defendant responded to the victim's allegations of abuse—warranted summary reversal of defendant...

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